1. PREAMBLE

1.1 Callas has secured a temporary position for the Employee on a shift to shift basis as set out in this LDC
1.2 The Employee accepts and understands that Callas is not directly in a position to secure permanent employment and further the Employee understands that the assignment(s) has arisen purely as a result of the variable and / or temporary business requirements of Callas’ Client. There will therefore be no expectation on the part of the Employee, unless expressly indicated to the contrary in writing by Callas, of renewal of the assignment(s) and / or an indefinite assignment(s) either with Callas or the Client.
1.3 You will never report for duty if intoxicated by any substance which might harm or place in harms way, the company, the client, the patient or yourself or you co-workers.

2. ASSIGNMENT(S)

2.1 The Employee accepts he / she will be placed at various medical institutions in which position the Employee shall comply with all requirements that may be reasonably required from time to time. Consequent to this placement, the Employee may be required to attend unpaid orientation at the Client of Callas, prior to being placed on assignment(s).
2.2 The Employee furthermore agrees that this assignment(s) is subject to the representations made by the Employee as to his / her qualifications and experience being true in all respects. For this purpose and for any further purpose that Callas may choose, the Employee authorizes Callas or its representatives or agents to conduct such verifications that it may consider appropriate, including in respect of professional qualifications, financial standing, criminal record, employment history and the like. The Employee furthermore agrees that the information obtained by Callas and / or its representatives and / or its agents in this respect may be retained by Callas on a database which may be made available to third parties, at the discretion of Callas.
2.3 The Employee shall report to a Callas representative and / or any designated representative.
2.4 The Employee agrees that payment of remuneration will be as per the hourly rates as agreed between Callas and the Client from time to time. Rate of pay will be confirmed and agreed with the assignee upon assignment of the shift depending on the ward they work in and the client. Hours actually worked for the benefit of the Client, will be paid into the Employee’s bank account at the end of each month or once a week or as agreed from time to time.
2.5 Callas reserves the right to deduct monies from the Employees remuneration in the event of an over payment or incorrect payment
2.6 The onus of supplying Callas with a time sheet and / or authorised working hours rests solely with the Employee. The Employee further agrees that whilst on an assignment(s) the Employee will be paid for productive hours only
2.7 The Employee further realises and accepts that this is ONLY a temporary assignment(s) and that this WILL NOT lead to any ongoing assignment(s) or permanent position. In light thereof the Employee agrees that due to the fact that this is a temporary assignment(s), and furthermore based on a “shift to shift” placement, this contract may terminate after any given assignment
2.8 It is important the Employee to note that it is only during an assignment(s) that Callas will be regarded as your employer. During any period that you are not working on an assignment(s) Callas will not be your employer but will act as your agent and will in terms of this relationship, look for positions at which you could be assigned or at which you could be placed on a permanent basis. Accordingly it is only while you are on an assignment(s) that you will enjoy employment on a limited duration contract basis. Moreover, as you will only be an employee of Callas for limited periods from time to time you will not be entitled to certain benefits which are applicable to full time employees of Callas
2.9 At the end of an assignment(s) Callas shall act as the agent of the Employee and shall endeavour to place the Employee on further assignment(s). No fee shall be payable to Callas in this regard by the Employee.

3. DURATION

3.1 The Employee realises that the duration of the assignment(s) is dependent on, INTER ALIA, the conditions set out in the Preamble. The assignment(s) shall, in the above context, commence on the beginning of each new shift and continue on a shift to shift basis variable only by the required hours per shift
3.2 The contract and / or assignment may end due to the effluxion of the period of services stated herein; or
3.2.1 The Client withdrawing and / or shortening the agreement entered into between itself and the employer; or
3.2.2 The client indicating written or verbal dissatisfaction as to the work or conduct of the employee; or
3.2.3 The contract being summarily cancelled on the date when the Client instructs Callas to end the assignment(s) due to misconduct, mal- performance or the incapacity of the Employee or for any reason at the Client’s discretion. Save in circumstances where the Employee works during the notice period at the specific request of the Client it is agreed that no payment in respect of notice shall be paid. position to predict, with any degree of certainty, the duration and extent of any assignment(s)
3.3 The date of registration as a temporary employee would therefore be.................................................... Hence, Callas is not always in a position to predict, with any degree of certainty, the duration and extent of any assignment(s)

4. TERMS & CONDITIONS OF EMPLOYMENT

4.1 Deductions
4.1.1 UIF will be deducted as per Legislation from the Employees earnings. TAX will be deducted as per SARS legislation. (Tax tables will be used to calculate tax on first income and 25% tax will be payable on second income
4.1.2 Garnish orders will be deducted should a Court Order be served on Callas to do so.
4.2 In addition to the above core terms and conditions, the Employee agrees to comply with all appropriate and reasonable policies and procedures of Callas and / or that of its Client at which the Employee may be placed from time to time, including
4.2.1 Health & Safety Procedures
4.2.2 Searching and Security Procedures
4.2.3 Standard Operating & Computer Systems/Electronic Communications Procedures
4.2.3.1 Callas policies and procedures as provided for in the Callas Policy and Information Booklet (which includes the disciplinary code)
4.3 All further Terms and Conditions of Employment applicable to the Employee shall be the minimums as set out in the Basic Conditions of Employment Act, as may be amended from time to time. Accordingly, and by way of example, the Employee will be entitled to 4 months unpaid maternity leave (in respect of which the Employee may obtain benefits in accordance with the Unemployment Insurance Act as it may be amended from time to time and of which the Employee will inform Callas of such benefit entitlement in writing). This entitlement to the minimums within the BCEA is subject to such Ministerial Determination and / or exemptions that Callas may obtain from time to time. In this respect it is noted that Callas presently has an exemption in terms of which
4.3.1 Annual leave may be incorporated into the hourly rate payable and
4.3.2 One day sick leave for every 26 days worked may be afforded to an Employee (Sick leave may only be claimed when you are rostered to work but are unable to do so due to ill health. Doctor’s certificate must be presented.)
4.3.3 Full time Employees are entitled to three days paid family responsibility leave per year, on request, when the Employee’s child is born or sick, or in the event of the death of the Employee’s spouse or life partner, or the Employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. (An employer may require reasonable proof.)
4.3.4 A copy of the determination is available at each Callas office
4.4 Hours of work will be determined by the availability of assignment(s). Work on Sundays, Public Holidays and night duty shifts may be required. Shifts will be communicated and confirmed with the Employee by the Callas consultant before being assigned to a shift
4.5 It will remain the responsibility of the Employee to contact Callas and keep Callas informed in the event that there is any changes in the continuality of the assignment with the Client at which the Employee has been placed
4.6 Callas failure to roster the Employee to work during inactive or quiet business periods does not constitute the termination of the Contract of Employment.
4.7 The Employee is not entitled to any remuneration for any period of unauthorised absence including Industrial Action and / or during a protected lock-out
4.8 It is further recorded that in accepting the casual nature of the employment, the Employee specifically indemnify and hold harmless Callas and the Clients of Callas against:
4.8.1 any claim for retrenchment pay;
4.8.2 any claim for pay in lieu of notice or damages for termination of employment without notice;
4.8.3 any claim for leave pay;
4.8.4 any claim for outstanding pay, overtime, bonuses or commission;
4.8.5 any claim for unfair dismissal;
4.8.6 any claim of victimisation or of any unfair labour practice;
4.8.7 any claim under the Labour Relations Act or Employment Equity Act or Basic Conditions of Employment Act or any other legislation.
4.9 All remaining terms and conditions applicable to employment will be regulated by Callas’s policy and Callas’s grievance and disciplinary procedures and the BCEA, including any other applicable legislation as amended from time to time. Copies of this documentation are available from the Callas Office.
4.10 Restraint of employment; the employee specifically undertakes and agrees:
Not to accept employment with any of the employers clients or subsidiaries thereto or to be interested in any business in the territory of which the employer carries on business, or to render any service in connection with or identical or similar or comparative to that carried on, supplied, provided, brokered or performed by the employer at any time during the period of 12 (twelve) months after signing of this employment contract. Should the employee contravene this clause it is explicitly agreed that the employee shall immediately upon demand pay an amount of up to R10 000 (ten thousand rand) to the employer for reimbursement of recruitment, placement and training expenses, the exact amount of which need not be proven.

5. GUARANTEE OF COMPETENCE

5.1 The Employee warrants that he / she has the necessary qualifications and experience to competently carry out the services which he / she has undertaken under this contract.
5.2 The Employee further declares that there is no medical condition, either of a physical or psychological nature, of which he / she is aware that would impede his / her performance on the job, or which could hold an actual or potential risk to the health and safety of the employee himself / herself, a fellow employee or a member of the public.
5.3 This contract will be null and void should the Employee not provide Callas with suitable proof of the qualifications held by the Employee and of his / her registration with the South African Nursing Council.
5.4 The Employee shall furthermore ensure at all times that he / she is registered as a nurse with the South African Nursing Council and / or further appropriate body. Should the Employee at any time be de-registered as a nurse with the South African Nursing Council or not be permitted to perform as a nurse for whatever reason, the Employee’s assignment(s) will be terminated summarily.

6. CONFIDENTIALITY

6.1 The Employee acknowledges that during the course of the Assignment(s), the Employee will become familiar with the confidential information of Callas and / or the Clients of Callas including commercial and technical secrets and / or other confidential information.
6.2 The Employee consequently agrees that during any period of assignment(s) and subsequent thereto, the Employee will not disclose to others or make use of directly or indirectly, any confidential information of Callas and / or its Clients or of others who have disclosed it to Callas and / or its clients under conditions of confidentiality, unless for a purpose authorized by Callas and / or the Client. If there is any doubt whether any disclosure or use is for an authorized purpose, the Employee is to obtain a ruling in writing from Callas Nursing Agency and the Client as the case may be and is to abide by it.
6.3 For the purpose of this clause, confidential information will be deemed to extend to all confidential technical and commercial information, including, but not limited to the contents of reports, workshops, programmes, computer programmes, specifications, quotations, formulae, computer records, client lists, cost manuals and price schedules, customer lists, customers and the like and including but not limited to trade secrets, know-how of any other tangible or intangible assets of Callas and / or its Clients and / or other parties.
6.4 The Employee is required to deliver to Callas, whenever required to do so, and in any event when an assignment(s) terminates, all the assets of Callas or the client at which the Employee performed services, including, without limitation, all books of account, records, correspondence, access cards, keys, training documents, development, notes, computer disks and the like concerning or containing any reference to the business of Callas or the Client.
6.5 Sign The Annexure “A” on the POPI Act to ensure confidentiality.

7. TERMINATION

7.1 This Agreement will terminate as set out in the Preamble and Duration

8. SECURITY

8.1 The Employee expressly agrees to submit his / her person and personal belongings to a search by any person designated by Callas or the client at which the Employee provides service

9. DECLARATION

9.1 I understand that I have read, understand and accepted the above Limited Duration Contract (LDC) and I will not have an expectation of permanent employment or renewal of the LDC
9.2 I further confirm that I have read, understand and accept the contents of this assignment(s) and will abide by the said terms and conditions. Furthermore, I also understand that I shall only be paid for actual hours worked and that a “no-work-no-pay” arrangement will apply if no hours are worked for any reason whatsoever. I further agree that I will not harbour any reasonable expectation of ongoing or permanent employment during the term of this contract
9.3 I hereby confirm that I have received the Callas Policy and Information Booklet which includes the Callas’s disciplinary code and grievance procedure. I further agree that the information provided by me in the Registration document (as set out in Annexure “A” hereby attached) is true and correct. I further agree that the onus is on me to request Callas to clarify any issues pertaining to this documentation.

hereby confirm that I am fully aware of my obligations as it relates to the Patients’ Rights Charter, the confidentiality obligations outlined in my Employment Contract as well as the following privacy obligations:

• I understand the privacy rights of a patient and the importance of maintaining the confidentiality of their information with all nursing staff.
• I understand that personal information should not be disclosed to anyone without the patient’s consent. I understand that exceptions may be the patient’s next of kin, or emergency contact, or person who is recorded on the admission form.
• I understand that when a patient is comatosed, or incapacitated, only basic care information can be disclosed (and not sensitive diagnostics) to the emergency contact per the Patient Master Index.
• I understand that nursing iPads and patient files must not be left unattended.
• I understand that I am not allowed to share my login details or use another staff members log in details for any IT system for e.g. electronic medical record, Mo-Bill, Mo-Bit, etc.
• I understand that I must not leave bed booking / theatre lists or any patient information in view of the public.
• I understand that confidential patient records and patient stickers must not be discarded in the general waste bins.
• I understand that I must not speak loudly about patients and patient conditions.
• I understand that patient stickers must only be used for authorised purposes, by authorised personnel.
• I understand that noise levels are monitored throughout the day and night, and where there are excessive noise levels caused by myself, I understand that appropriate corrective action may be taken.
• I understand that I am not allowed to hand out patient details or patient information to other patients.
• I understand that I am not allowed to share any patient information via my personal mobile device.
• I understand that physical access to restricted areas (e.g., Children's Wards, Maternity, ICU, Neonatal Wards etc.) must be strictly controlled.
• I understand the procedures to deal with Religious Leaders.

I confirm that I am aware that informed consent must be sought before any patient interventions take place (excluding emergency cases where a patient is comatosed or incapacitated).